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Home My WebLink About94-05591 '" I ~l .~ j -j .. ~ <. 'I ( 1.0 ~ 31 , . --- cr- ~: -:r 0-' ~( <: JANET B. NOCHO, plainti!t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 94- 55"/ CIVIL TERM ROBERT L. BALTIMORE and JULIAN O. BALTIMORE, Defendants PROTECTION FROM ABUSE AND NOW, TEMPORARY PROTECTIVE ORDER rlf- J ~ this;?-q I' day of ) y.(f ~~94, upon consideration of the within Petition and upon finding that Petitioner is in immediate and present danger of abuse from Respondents, the following Temporary Protective Order is entered. Respondents are hereby enjoined from physically abusing Petitioner or placing her in fear of imminent serious bodily injury and are excluded from the residences of Petitioner at 34 and 36 East Locust street, Carlisle, Pennsylvania, and from the place of employment of Petitioner at united Telephone system, 1201 Walnut Bottom Road, Carlisle, Pennsylvania. This Order shall remain in effect until a final Order is entered in this case. A hearing shall be held in this matter on , the 1 ill- day of {"X:r6 ~ , 1994, at o'clock ~.M. in Courtroom No. -' ' Cumberland county Courthouse, Carlisle, Pennsylvania. The Carlisle Police Department and the Pennsylvania state Police will each be provided with a copy of this Order by counsel for Petitioner and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this WAYNE F. SHADE AUlJrnCy.t Law ~ Sculb Hanover SOUl (''''rli.lc.~)'lvania 1101] JANET B. NOCHO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 94- ,55'1/ CIVIL TERM ROBERT L. BALTIMORE and JULIAN O. BALTIMORE, Defendants PROTECTION FROM ABUSE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action after service of this Petition, Order of Court and Notice are served upon you by appearing personally or by legal counsel at the hearing scheduled by the Court and by presenting to the Court your defenses or objections to the claims set forth against you. ~ou are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the pleadings or for any other claim of relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 wae~ ~f&. Attorney for Petitioner WAYNE F. SHADE AUomt)' .1 Law '!klutbliuwoo'uStrttl ('uli.ie. Pmzu,lvan&. 1701l ! JANET B. NOCHO, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 94- 5S<l, CIVIL TERM ROBERT L. BALTIMORE and JULIAN O. BALTIMORE, Defendants PROTECTION FROM ABUSE PETITION FOR PROTECTIVE ORDER PROTECTION 1. Petitioner JANET B. NaCHO is an adult individual who resides at 34 East Locust Street, Carlisle, Cumberland county, Pennsylvania 17013, and who is employed at United Telephone Sy~tem, 1201 Walnut Bottom Road, Carlisle, Pennsylvania 17013. 2. Respondent ROBERT L. BALTIMORE is an adult individual who may be served at 609 stine Avenue, Carlisle, Cumberland county, Pennsylvania 17013. 3. Respondent JULIAN O. BALTIMORE is an adult individual who may be served at 36 East Locust Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. Petitioner and Respondents are sister and brothers. 5. On April 17, 1994, their mother, Mildred P. Baltimore, died. WAYNE F. SHADE Allumr')'llLaw , ~ Hano\Icr SlIm Carlitk. Pmas,tvaa.i.a 1701] 6. The Last Will and Testament of the said Mildred P. Baltimore was drafted by counsel for Petitioner herein and was executed by the said Mildred P. Baltimore on January 21, 1991. 7. said Last Will and Testament gave Petitioner a life estate in the residence of the decedent. B. since the death of the said Mildred P. Baltimore, Respondents have continuously harassed Petitioner and threatened her with imminent serious bodily injury. 9. During the week of September 19, 1994, Petitioner was hospitalized in carlisle Hospital for breast su~gery. 10. Respondents came to the hospital and threatened Petitioner with bodily harm if she were to seek to enforce her inheritance rights under her mother's Last will and Testament. 11. Respondent ROBERT L. BALTIMORE was designated Executor in the said Last Will and Testament of Mildred P. Baltimore. 12. When Respondent JULIAN O. BALTIMORE returned to the carlisle area, Petitioner agreed to permit him to reside in the home of WAYNIl F. SHADE AIlomey II LAw , Sor.dh luoanl' &nxt C-ulitlc, ~tvWa \1UIJ -2- present danger of abuse from Respondents should they be permitted to be at the residence of Petitioner, the residence of her late mother next door or the place of employment of Petitioner when she is able to return to work after recovery from her surgery and that Petitioner is in need of immediate ex parte protection from such abuse. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act", 23 Pa.C.S. S6101, et seq., as amended, Petitioner prays that your Honorable Court grant the following relief: (al A Temporary Protective Order requiring Respondents to refrain from abusing Petitioner or placing Petitioner in fear of abuse and requiring Respondents to refrain from abusing Petitioner or placing her in fear of abuse and ordering Respondents to stay away from the residences of Petitioner and her late mother and the place of employment of Petitioner; (bl The scheduling of a hearing in accordance with the provisions of the "Protection from Abuse Act" and, after such hearing, the entry of an order, to be in effect for a period of one year, requiring Respondents to refrain from abusing Petitioner or placing her in fear of abuse; (cl Directing such further relief as authorized under S610B of the Act including directing Respondents WAYNe F. SHADe AtSllnWy at La..., iScA.ltllHaftoofuSlf~d Cululc, PmmylowXU4 l1ull -4- dI; ~.. ... ~...: '."Ei " '-, 0"1 :....:...,.~ o ''''r?c,: en , ": , ' ~ Hi ~ c::> :., ~ ... V'1 , . ., ':;c..' @ ra...c ~ I OH ~ Cl ~~ ~ ~ I j~ e. ~ ~ JlJi H ~ ~1Il - ~ ra.~~5~ l:ll:l ~ e i I1l1rn ~ .:p .~ HH..... II: o I ~ O~ E-<E-<l'l ~ S = &! E-<8zo: :Il....t ~~~ ~iE~~ g~ 1Il1lll'l ~ ~ ~; Z....t III ell . .~ ..... . ~O21 ~ ..cl~ 1Il~ > , t.l ~ ~:~ E-<~ H ~ ~~ E-< H Z~~Ol>: 9 t , .. . . .. .' .SEP 2~ WAYNE F. SHADE Actomey at LAw , Soulh lbulJVCf sum CArtitk, PtMl)'tnaia 17013 ~--"""--.::" '. ". ~. SEP 2 L L JANET B. NOCHO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 94- 559' CIVIL TERM ROBERT L. BALTIMORE, and JULIAN O. BALTIMORE, Defendants PROTECTION FROM ABUSE AFFIDAVIT OF INSUFFICIENT FUNDS FOR FEES I, JANET B. NOCHO, affirm that I do not have funds available to pay the fees for filing and service of the Petition for Protective Order in the above-captioned matter. I verify that statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: September 27, 1994 Janet B. Nocho , ,..'....,P'"'---~" ~ ~~ ~ ....,~; ~ ~.:,~:t~. ;? ::: ,:; u'~ ~... . .. ...! .,-,,;,')', Ol , . "'~t5 . ;:.5: . "~Il~. ,..'r.... r.:;;: Ji .~ _. ":',1;.) I;~ II II I I II pJ ~ ~ ~ I ~ r.1 ~ ~ I~ ~ H ~ oS ~ ~ tJ tI) Po ~tI) . ~ ~ ~. ;:) ~~ . ~ ~ ~ tJ~~o~ l&< :E::E:U1 tI) P: ~ ~ ~ ~ ~ I ~ ."" HH..... Z 0 0"" ~~~ H l&< !~~~ o -c; :x: 0'" E-i tJ Zo- gtl l&< ~ fl:\ · III III I': 0 z.... III ., ; 8 t: s III . ."" E-i .,-l . ~02l ~ <It: III Po > C,.J ~ >-1;~ t E-t~ Cl~ A ~~ . H I!Z;:-: ~ Q P: ~ ~ ~ .....- .-.,..,. -- , I JANET B. NOCHO, Plaintiff IN THE COUR~ OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-5591 CIVIL TERM v. ROBERT L. BALTIMORE and JULIAN O. BALTIMORE, Defendants PROTECTION FROM ABUSE AND NOW, this PROTECTIVE ORDER 1 tll- day of October, 1994, after hearing, the Court finds that Plaintiff is in immediate and present danger of abuse from Defendant JULIAN O. BALTIMORE, and the fOllowing Protective Order is hereby entered: 1. Plaintiff JANET B. NOCHO does not have funds available to pay the fees for filing and service of the within Petition and is, therefore, excused therefrom. 2. Defendant JULIAN O. BALTIMORE is hereby enjoined from physically abusing Plaintiff or placing her in fear of imminent serious bodily injury and is excluded from the residences of Plaintiff at 34 and 36 East Locust Street, Carlisle, Pennsylvania, and from the place of employment of Plaintiff at United Telephone system, 1201 Walnut Bottom Road, Carlisle, Pennsylvania. 3. This Order shall remain in effect for a period of six (61 months from the date hereof. 4. The Carlisle Police Department and the Pennsylvania State Police will each be provided with a copy of this Order by counsel for Plaintiff and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation , ~ is committed in the presence of a police officer. In the event that an arrest is made under this section, Defendant JULIAN O. BALTIMORE shall not be taken to jail, but shall be taKen without unnecessary delay before the Court which has issued this Order. When the Court is unavailable, Defendant JULIAN O. BALTIMORE shall be arraigned before a District Justice who shall set bail according to the provisions of Chapter 4000 of the Pennsylvania Rules of Criminal Procedure. By the Court, ':t- ~ ,.. ~ ..~ "0- '''-r'' - - ".. r: ::II".:: . . .l '.',' -" I.:. .. ~ -,"' '. , ,~~ en ~ ..' l ....... , .~ 0- ....1.) U -." = . .. oJ ~ , '\,., JANET B. NOCHO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 94-5591 CIVIL TERM ROBERT L. BALTIMORE and JULIAN O. BALTIMORE, Defendants PROTECTION FROM ABUSE AND NOW, this PROTECTIVE ORDER ~ ~ day of October, 1994, upon consideration of the Consent Agreement of the Parties in open Court in lieu uf hearing, the following Order is entered without admission by Defendant ROBERT L. BALTIMORE of any of the allegations of the Petition: 1. Defendant ROBERT L. BALTIMORE is hereby enjoined from physically cbusing Plaintiff or placing her in fear of imminent serious bodily injury and is excluded from the residences of Plaintiff at 34 and 36 East Locust Street, Carlisle, Pennsylvania, and from the place of employment of Plaintiff at United Telephone System, 1201 Walnut Bottom Road, Carlisle, Pennsylvania. 2. This Order shall remain in effect for a period of six (61 months from the date hereof. 3. The Carlisle Police Department and the Pennsylvania State Police will each be provided with a copy of this Order by counsel for Plaintiff and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated, whether or not the violation is committed in the presence of a police officer. In the event that an arrest is made under this section, Defendant ROBERT L. )- ~ -.&- - ~ :; ~. 'l . :or-; ", -~ :T 1 %) ... en , r- - c, U '..... = . ~ Janet B. Nacho VS Robert L. Baltimore and Julian O. Baltimore In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-559l Civil Term Protection From Abuse Temporary Protective Order Petition for Protective Order COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND Harry King, Deputy Sheriff, who being duly sworn according to law, says that on September 30, 1994 at 5:55 o'clock P.M., E.D.S.T., he served a true copy of the within Protection From Abuse Temporary Protective Order Petition for Protective Order, in the above entitled action, upon the within named defendant, to wit: Robert L. Baltimore, by making known unto Robert L. Baltimore, at 609 Stine Avenue, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Harry King, Deputy Sheriff. who being duly sworn according to law, says that on September 30, 1994 at 5:l0 o'clock P.M., E.D.S.T., he served a true copy of the within Protection From Abuse Temporary Protective Order Petition for Protective Order, in the above entitled action, upon the within named defendant, ta wit: Julian O. Baltimore, by making known unto Julian O. Baltimore, at 36 East Locust Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and attested copy of the same. Sheriff's Costs: Docketing Service Surcharge lB.OO 6.l6 4.00 28.16 So Answer: . r'[' '.-.f~ ~ R. Thomas Kline, Sheriff ~. ;:;' B Depuveri& Sworn and Subscribed to Before Me This u-rf- Day of {PJ;/-..- 1994, A.D.Ct.~U a -n!.Jf~_ Pr t onotary ~' , )I ,. JANET 8. NOCHO, I IN THE COURT or COMMON PLEAS or plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I V. . . ::lOBERT L. BAtTIMORE and JULIAN O. BALTIMORE, CIVIL ACTION - LAW Defendants . NO. 94-5591 CIVIL TERM . IN REI PROTECTION FROM ABUSE ORDER OF COURT AND NOW, this 7th day of october, 1994, a hearing was held today on the protection from abuse case involving Janet B. Nocho and Julian o. Baltimore, her brother. We are sati~fied that her brother was properly served with notice of the hearing. At the hearing today he did not appear and the only testimony taken was that of the plaintiff. The Court is satisfied from the testimony of the Plaintiff that Julian O. Baltimore did attempt to cause bodily injury to her while she was a patient in the Carlisle Hospital, and, therefore, the Court will sign an order as proposed by counsel for th~ Plaintiff. The Court further directs that the costs of this proceeding be paid by Julian o. Baltimore. By the Court, r P.J; " Wayne F. Shade, Esquire For the Plaintiff ~bl ~~ LI1 U\ II l~n :lfh OFFICE: (iF i"'-)f}-!r-HIOlARY CUlJl.: I 11..-" J[ JulLw o. B.ll L i.hIHC ~AAl!~LE, PA.___{~j.~~~~.i~.:::_~_!.~~__, 1'f2-I+ 36 Ea:it Locu:H Sc. 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